Former FEC Chairman: Cohen Payment Did Not Violate Campaign Finance Law Hush money sent to Stormy Daniels not directly related to Trump campaign Paul Joseph Watson PrisonPlanet.com August 22, 2018
Former FEC Chairman Bradley Smith told radio host Mark Levin that the hush money payment President Trump instructed Michael Cohen to send to Stormy Daniels did not violate campaign finance laws.
Cohen pled guilty to eight counts, including two alleged campaign finance violations, involving payments to buy the silence of women who would have been detrimental to Trump’s bid for the presidency.
Smith told Levin that the payments were not directly campaign related and therefore not a violation of the law.
“When the FEC wrote the regulation that says what constitutes campaign expenditures and what constitutes personal use, it rejected specifically the idea that a campaign expenditure was anything related to a campaign, and instead says it has to be something that exists only because of the campaign and solely for that reason,” said Smith.
He added that any payments not related to “running a campaign,” even if they incidentally benefited a campaign, did not violate the law because they are personal expenditures.
Levin noted that if payments which made a candidate look better in the public eye were considered a violation of campaign finance law, a candidate buying a new car, buying better clothes or getting a better haircut could all conceivably be considered a violation too.
The media hysteria currently being whipped up around the charge is that Trump instructing Cohen to pay off Stormy Daniels and then reimbursing him is a “campaign contribution,” which many assert is not the case.
As the Conservative Treehouse blog emphasizes, “This Count Eight transaction surrounds a payment to Stephanie Clifford (Stormy Daniels) of $130,000 for a nuisance claim. Who says it is a campaign contribution? The SDNY does, no-one else. Not even the FEC considers this a campaign contribution.”
“Count eight is a political charge/plea specifically included for the purpose of pulling Donald Trump into the SDNY Cohen case. There is no FEC violation here. *Note it is not the Federal Election Commission making the claim, only the SDNY prosecutors.”
Despite the uncertainty surrounding the issue, leftists immediately seized upon the news to demand that Trump be impeached, with Sen. Richard Blumenthal (D-CT) telling CNN, “I believe that at some point my Republican colleagues have to join in a bipartisan effort to save our democracy, which will be increasingly threatened if the president puts himself above the law. No one is above the law. We’re in a Watergate moment.”
Michael Cohen Plea Agreement – Six Counts Valid, One Count Possibly Invalid, One Count Ridiculous – Guess Where The Media Focus… Posted on August 21, 2018 by sundance
The Michael Cohen plea agreement (full pdf here) is a total of eight counts claimed by the SDNY as unlawful activity. However, one count is entirely political and not supported by the Federal Election Commission. Guess which one the media focus on?
Yeah, let’s review.
Within the plea agreement the first five charges relate to tax avoidance, or tax evasion. Each count relates to a specific tax year: 2012, 2013, 2014, 2015, 2016. The sixth charge, a bank fraud charge, relates to lying on a credit application. These six charges appear valid, documented and agreed in the plea. The seventh charge, relates to structuring financial transactions through the use of a corporation. This charge is tenuous, but arguable.
However, the eighth charge is the one the media are focused on. The charge of an illegal campaign contribution:
This Count Eight transaction surrounds a payment to Stephanie Clifford (Stormy Daniels) of $130,000 for a nuisance claim. Who says it is a campaign contribution? The SDNY does, no-one else. Not even the FEC considers this a campaign contribution.
Count eight is a political charge/plea specifically included for the purpose of pulling Donald Trump into the SDNY Cohen case. There is no FEC violation here. *Note it is not the Federal Election Commission making the claim, only the SDNY prosecutors.
Despite the media hype it is not a campaign contribution for a candidate to instruct his attorney to pay-off a nuisance claim to avoid any issues or embarrassment. It is not a campaign donation for Donald Trump to reimburse his attorney for paying the claim.
♦The issue of the Cohen payment being an “in kind” campaign contribution is the bottom line question which underpins the charge.
There is no FEC rule or law that says a candidate cannot pay-off an accuser to avoid further issues, a nuisance claim. Paying an accuser to avoid controversy or embarrassment, is no different than a candidate buying an American made car -with personal funds- to gain the beneficial public optics of not driving a foreign car. Neither expense example makes the payment an aspect of am “in kind” campaign contribution.
There is no connected claim that President Trump used campaign funds to repay his attorney for eliminating the nuisance claim. President Trump, a businessman, used his own business income to repay his attorney; an attorney on a monthly retainer.